Fear Not Law Articles: Martinez v. Fresno Police Dept.

Martinez v. Fresno Police Dept.

Filed 2/18/09 Martinez v. Fresno Police Dept. CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

ESTEBAN M. MARTINEZ,

Plaintiff and Appellant,

FRESNO POLICE DEPARTMENT,

Defendant and Respondent.

F054005

(Super. Ct. No. 06CECG01493)

O P I N I O N

THE COURT^*

APPEAL from a judgment of the Superior Court of Fresno County. Mark W. Snauffer, Judge.

Esteban M. Martinez, in pro. per., for Plaintiff and Appellant.

Ferguson, Praet & Sherman and Jon F. Hamilton for Defendant and Respondent.

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Appellant, Esteban M. Martinez, appeals from an August 7, 2007, order granting respondent, the Fresno Police Department, sanctions for appellants failure to appear at a noticed deposition. However, appellant has neither set forth any argument nor cited to any authority regarding this sanctions award. Rather, appellant requests this court to affirm a February 15, 2007, order that was not appealed from.

Appellant had the burden to demonstrate that the trial court committed reversible error when it imposed sanctions against him. (Ballard v. Uribe (1986) 41 Cal.3d 564, 574-575.) Since appellant has failed to meet this burden, the order will be affirmed.^{^[1]}

DISPOSITION

The order is affirmed. In the interests of justice, costs are not awarded. (Cal. Rules of Court, rule 8.278(a)(5).)

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^* Before Levy, Acting P.J.; Gomes, J.; and Kane, J.

^{^[1]} Respondent argues that this appeal is moot because the trial court vacated all previously ordered sanctions on December 12, 2007. However, that order is neither part of the record on appeal nor the subject of a request for judicial notice. Accordingly, this court cannot base its decision on that order.

Description	Appellant, Esteban M. Martinez, appeals from an August 7, 2007, order granting respondent, the Fresno Police Department, sanctions for appellants failure to appear at a noticed deposition. However, appellant has neither set forth any argument nor cited to any authority regarding this sanctions award. Rather, appellant requests this court to affirm a February 15, 2007, order that was not appealed from. Appellant had the burden to demonstrate that the trial court committed reversible error when it imposed sanctions against him. (Ballard v. Uribe (1986) 41 Cal.3d 564, 574-575.) Since appellant has failed to meet this burden, the order will be affirmed.
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